Play Nice The CAS Appeal thread - update: appeal fails (11/10/16)

[Tiger Toffee]

Surely this is one of those ' you can't sue us because we funded your appeal ' appeals if you know what i mean.

Now considering that the ban wont be overturned and the swiss court would only send it back to CAS, now go with me on this.

Appeal gets sent back to CAS for a re-trail which would render the bans void i would assume reverting back to the original afl ruling, lets say that it is july/ august that this happens, re-trial happens and CAS deliver another guilty verdict on the eve of the 2017 season and impose the rest of the ban of 4/5 months, this would mean that the players miss 3/4's of the 2017 season, this could backfire shockingly for them.

or the swiss courts recover from their fits of laughter and dismiss the appeal claims and the players see out the last 2/3 months of their bans free to resume their lives in 2017.

 

[Muggs]

will their application submission be published?

No idea, even if it is how is your french?

 

[coryne]

Which reporter has not been wrong at some point in this saga who reported on it.

McKenzie and Baker ???

 

[Tiger Toffee]

"The legal advice, I understand, indicates that their prospects for success are at least reasonable." said Tanner

As if the lawyers are going to tell them that their prospects for success are nil and zilch.

 

[Muggs]

Now considering that the ban wont be overturned and the swiss court would only send it back to CAS, now go with me on this.

More I read into the two appeals that the swiss court annulled the more I think these grounds were chosen so it would not go back CAS. Arguing individual circumstances etc would send it back to CAS.

The two cases that got annulled, both FIFA contract cases, one was annulled on breach of substantive public policy gains, the other procedural public policy gains. Neither got set back to CAS.

http://www.swissarbitrationdecision...ard-for-violation-of-public-policy-principle-
http://www.swissarbitrationdecision...me-court-international-arbit?search=Matuzalém

I don't like their chances, think the odds are lower than Hird kicking the winning goal after the siren from the goal square at the opposite end of the ground to win EFC this years premiership (there you DapperJong) but if it gets up it may actually get the case totally knocked out.

 

[The_Wookie]

More: http://www.afl.com.au/news/2016-02-10/essendon-34-set-to-appeal-their-seasonlong-afl-bans

 

[Jaeger]

I thought the Essendon players just wanted this all to be over?

The show goes on.

 

[Milanista28]

Why do people get annoyed that they're appealing it's their right and they're exercising it.

It's like they're hurting people personally, They think this is worthwhile surely that's all that matters.

It's not going to ruin the season and FWIW the only season this saga has ruined is our seasons, No other club can really complain.

Anyway I wish the boys luck and I hope it works out for you.

 

[Mr_Moogle]

Just when I thought I was out, they pull me back in.

Can anybody tell me if any athletes have successfully appealed against a doping ban?

 

[Muggs]

Just when I thought I was out, they pull me back in.

Can anybody tell me if any athletes have successfully appealed against a doping ban?

From CAS?

No best they got was the Swiss court telling CAS to consider some more evidence and CAS coming to the same conclusion after doing so.

 

[Tiger Toffee]

Why do people get annoyed that they're appealing it's their right and they're exercising it.

It's like they're hurting people personally, They think this is worthwhile surely that's all that matters.

It's not going to ruin the season and FWIW the only season this saga has ruined is our seasons, No other club can really complain.

Anyway I wish the boys luck and I hope it works out for you.

Dude, their only appealing because someone else is paying for it #foreverhidingbehindothers

 

[Vindicater]

So if the Essendon players appeal it is likely that the appeal won't start for at least 6-12 months right?

You would think in that case they would take the suspensions and appeal anyway.

They win and their names are cleared and they play in 2017.
They lose and they stay as dirty drug cheats and play in 2017.

Am I getting that right?

 

[Muggs]

So if the Essendon players appeal it is likely that the appeal won't start for at least 6-12 months right?

You would think in that case they would take the suspensions and appeal anyway.

They win and their names are cleared and they play in 2017.
They lose and they stay as dirty drug cheats and play in 2017.

Am I getting that right?

Average time for an appeal to be fully finalized is actually 6 months from time award issued (so 5 months from now), look at my previous posts I posted two separate sources that state this. This includes 30 days after the Swiss court for "a right of reply" So on average we will know 4 months from today. The Swiss court is known for its speed.

The research paper link also highlights its normally its a doc only appeal, no hearing.

edit*Here they are
http://intl-jids.oxfordjournals.org/content/1/1/217.full#sec-2
http://www.arbitration-ch.org/dl/settingaside/settingaside.pdf

 

[jezzajay]

these players have been sucked in more than once now...first it was the essendon hierarchy and dank...then the lawyers...and the lawyers are back for some more.. double dipping sons of guns!
essendon are the gift that keeps on giving... in more ways than one! bless...

yay for another season clouded by these geese and their antics... ho hum...
the supporters angst must be sky high! what a ride.

 

[NoAFLinmycomp]

will their application submission be published?

... or leaked?

 

[Milanista28]

Dude, their only appealing because someone else is paying for it #foreverhidingbehindothers

That just made the decision easier for them to make, They still genuinely believe they're innocent, They will be missing the season anyway so even if they win this appeal they have already lost. You may think they're deluded for thinking the way they do but that's the world we live in, We all have opinions and rights, They're exercising theirs.

 

[Jimthegreat]

From CAS?

No best they got was the Swiss court telling CAS to consider some more evidence and CAS coming to the same conclusion after doing so.

http://www.eurosport.com/tennis/atp-tour/2006-2007/cas-reject-canas-appeal_sto1190935/story.shtml

 

[Muggs]

That just made the decision easier for them to make, They still genuinely believe they're innocent, They will be missing the season anyway so even if they win this appeal they have already lost. You may think they're deluded for thinking the way they do but that's the world we live in, We all have opinions and rights, They're exercising theirs.

I do wonder if that least some of them do question their innoncence, can see them believing they got duped, but after the CAS verdict not sure all 34 honestly believe they innocent.

No problems with them exercising their rights.

 

[Jimthegreat]

That just made the decision easier for them to make, They still genuinely believe they're innocent, They will be missing the season anyway so even if they win this appeal they have already lost. You may think they're deluded for thinking the way they do but that's the world we live in, We all have opinions and rights, They're exercising theirs.

Most drug cheats think they are innocent and many keep appealing, most of them in denial.

Still, it's their right as you said. It's a free kick for the players seeing it's being paid for but history on this particular issues suggests they'll be lucky to get leave to appeal let alone an appeal. Can't believe lawyers have told them their chances are reasonable when they're close to zero. CAS addressed the very grounds of the player's argument in paragraph 114 of the judgement.

 

[Milanista28]

Most drug cheats think they are innocent and many keep appealing, most of them in denial.

Still, it's their right as you said. It's a free kick for the players seeing it's being paid for but history on this particular issues suggests they'll be lucky to get leave to appeal let alone an appeal. Can't believe lawyers have told them their chances are reasonable when they're close to zero. CAS addressed the very point of the player's argument in paragraph 114 of the judgement.

They don't really have anything to lose, And they don't need to do anything, It's a no brainer as far as they're concerned.

 

[Randomizor]

Why do people get annoyed that they're appealing it's their right and they're exercising it.

It's like they're hurting people personally, They think this is worthwhile surely that's all that matters.

It's not going to ruin the season and FWIW the only season this saga has ruined is our seasons, No other club can really complain.

Anyway I wish the boys luck and I hope it works out for you.

Definitely their right. Winning on a technicality would go absolutely no way to showing they didn't inject TB4 in 2012 though.

I think a lot of us just wish they'd man up and admit fault tbh.

 

[Jimthegreat]

They don't really have anything to lose, And they don't need to do anything, It's a no brainer as far as they're concerned.

Can't argue with you there. You're right, nothing to lose at all.

 

[Baltimore Jack]

Wouldn't it be a hoot that if by some weird quirk of fate the Swiss Court increased the term of suspensions

 

[Muggs]

Wouldn't it be a hoot that if by some weird quirk of fate the Swiss Court increased the term of suspensions

A hoot yes, but that's even less likely than the players winning...

 

[QuietB]

I do wonder if that least some of them do question their innoncence, can see them believing they got duped, but after the CAS verdict not sure all 34 honestly believe they innocent.

No problems with them exercising their rights.

They get told they are innocent every moment of every day by the club (we don't know what they took - but they are innocent) the media (we just want our free tix and free ride) the AFL (we have no idea what they took either but we got a reputation to uphold so of course they are innocent, this is so unjust) their fans (not our boys, no way our boys would do that) most of the public (not in straya - no way - fricking foreigners messing with the Aussie way).

Why would any of them question their innocence. I'd genuinely believe the sun shined out my arse as well